Maker of contact lens solution blamed for eye ailment

11/12/2007 - Donald Steven MacKay first noticed problems with his left eye in April. It had a slightly pink hue, was itchy and there was a watery discharge.

Two months later, the Sydney man would learn he'd been infected with a rare, painful and potentially blinding condition, Acanthamoeba keratitis.

He was off work for four months and prescribed multiple medications. MacKay may require a corneal transplant. It's unclear if his vision will be fully restored.

The culprit, MacKay says, is his contact lens solution, according to a statement of claim filed in Nova Scotia Supreme Court. The suit is part of a proposed class action against the company that manufactured and distributed Complete All-In-One MoisturePLUS.

The contact lens solution was yanked from the shelves across Canada in May. The recall came after concerns in the United States the product was linked to "markedly increased risk" of developing AK, the claim says.

The claim alleges the conduct of the company, California-based Advanced Medical Optics Inc., and its Canadian subsidiary, AMO Canada, was "reprehensible." It says the company had a "reckless disregard for public safety," delaying or denying the "incidence of AK infections so as to maintain profits."

None of the allegations have been proved in court.

The proposed class action also represents "other individual residents of Nova Scotia ... who have suffered personal injuries and other damages as a result of having used (the solution)," says the claim.

The suit alleges American Medical Optics knew the particular solution was connected to AK "for years before the May 2007 recall."

"The defendant's conduct was reprehensible and departed to a marked degree from the ordinary standards of decent behaviour," the claim says.

In January, the U.S. Centers for Disease Control and Prevention began looking into the incidence rates of AK. It found people using the product were seven more times likely to get the infection than people using other contact lens solutions.

Raymond Wagner, the Halifax-based lawyer who is spearheading the proposed class-action suit on behalf of his Nova Scotia clients, said in an interview that the company "disregarded the interests and the health of people they were prescribing this miracle product that they had developed."

A spokesman for Advanced Medical Optics said it's company policy not to comment on lawsuits. Steve Chesterman said the contact lens solution in question is no longer being produced. The company is marketing a new multi-purpose contact lens product, he said.